The Darlington news. (Darlington, S.C.) 1875-1909, December 07, 1893, Image 3
CHAPTER XV.
They have not yet found out who mur
dered Henry Malnwaring.
The authorities—more out of consider
ation for us than for any other reason—
undertook to focus their suspicions first
upon poor Tom. The coroner’s jnry had
come to the conclusion that "deceased
came to his death by a bullet discharged
from a pistol in the hands of a person or
persons to this jury at present unknown.”
Now, Tom had been provided with a pis
tol on the hight in question—a brand
new Smith 4 Wesson revolver, with
seven cartridges and various automatic
and other improvements, and he had
further been fitted out with a belt to
sling it in, and all this apparatus he had
faithfully borne from sunset till sunrise.
This and his presence in the forest when
Henry was shot were the damning facts
against him.
Tom’s English straightforwardness,
combined with his evident affection for
the dead man, his indignation at being
supposed capable of working him injury
and his consternation at being arraigned
before the majesty of the law were both
comical and pathetic. When the re
volver was produced, moreover, all the
seven cartridges were still in it, and
there was no sign of its ever having been
discharged. No one of the witnesses
called to testify as to his character could
find a word to say against 1. n, nor could
it be shown that he had ever had any
misunderstanding with the deceased or
had anything to hope from his death.
And when he was put up to answer for
himself his testimony was os convincing
as it was involved.
“ Twas this way, please yer honor,"
he began. “We was to drive to the lake
for to spend the night. There was me,
an the young gentlemen—barrin Master
Frank, as was laid up with a bad foot,
sir—an the mistress, an the young lady.
So, when we got there, Master John,
soys ’e, ’Saddle up, Tom,’ 'e says, ‘an
take the pistol,’ ’e says, ‘an back we goes
to wallop them burglars,’ ’e says. So 1
didn’t know what ’e’d be hup to, ycr
honor, not ’avin 'ad the tip. 'Owsomever,
I saddles up, an hoff we goes, me an
Master John an Master ’Enry. An there
was the young lady, she was achin to go,
too, an they wouldn’t 'ave it, but says
she to me, privatelike, says she, T'll be
heven with ’emjret, Tom,’ she says. T
knows ’ow to 'put on a saddle myself,’
she says, ‘so look out,’ she says. Well,
hoff we goes, leisurelylike, an the young
gentlemen a-chaffin an a-laughin, an
Master 'Enry ’e gives me a pull at 'is
flask, Ood bless ’im, for to keep my gall
up, 'e says. Well, ’twas that dark as
we missed our way oncct or twicet, an
it might be 'alf after 11 when we was
back in our hown woods, yer honor.
Well, we dismounted, an tied up to”
‘‘Try to be more succinct,” interposed
the examining gentleman. ‘‘How did
you dispose yourselves after arriving in
the vicinity of Cedarcliffei'”
“ ‘Master John,’ says ’e, , '?ou keep by
an along 'ere, Tom,' 'e says, ‘an, ’Enry,
do you look out for that side,’ ’e says,
‘an I'll do this ’ere slice,’ ’e says, "an if
any one on us raises the game,’ ’e says,
‘jpet up pistol au fire in the hair,’ ’e
says, ‘an t’others on ns will close up an
nab ’em,’ ’e says. So hoff Master ’Enry
an I goes, one one way an t’other tbs
bother, an leaves Master John where e
was. Well, I sneaks up, an I sneaks
down, an I stops an listens, an oncet I
thought I 'ad ’im sure enough, but
'twas only a rabbit, yer honor. An
thinks I, ‘This ’ere’s a rum way of
passin the night,’ I thinks. Well,
it might be 2 in the momin, yer honor,
when I 'ears somethin, an says to myself,
‘Was that a pistol,' says I, ‘or wasn't it?
With that I begins nosin round a bit,
gettin more an more hover toward Master
Henry's beat, as it might be, but nothin
at all does I see, yer honor, till says I,
'You’re naught but a fool to be thinkin
it, Tom,’ says I. I was just below, along
side the cliff, when I spoke them words,
yer honor, when what does I see, it
might be 10 yards hoff, but a—but a
black—a black ’eap o’ somethin"— At
this point Tom sniveled and broke down,
and there was a pause in the proceedings.
I ‘‘In short, you discovered what turned
out to be the deceased?” said the exam
iner.
“An it went nigh for to break my ’iirt,
it did,” said Tom in a tremulous voice.
•'’Ardly cold, 'e was, an ’twas honly
when I see ’is ’air that I knowed 'im, an
there was an ’ole clean through him, yer
honor, an—dang the devil what did it,
whoever he be I” exclaimed Tom, with
sudden vehemence, and then he broke
down onoe more and wept bitterly.
After awhile be went on to tell how
he left the body lying there, and return
ing to the house knocked at my door;
how he found me just awaking from
deep, propped up in my chair with pil
lows and bandages, and how at first be
had great difficulty in making me com
prehend what had happened. “But as
quick as Master Frank got the rights of
it," be added, “he'ops up an hoff'e starts,
with no more 'eed to his bad foot than
nothin at all, an thinks I to myself, *The
doctor’s a quiet man till Vs awake,’
thinks |, ‘but Vs got the grit of a 2-year-
old winner when'e gets started,’thinks
L" Than he related our meeting with
^ohn,aa4 how we carried the body
JhM> and bow ha went for the corondr.
and thus concluded his interesting depo
sition whiob had stirred both tsars and
smiles in many. At the end “he left the
stand without a stain upon his charac
ter,” as the newspapers say.
John's experience was naturally of a
very different complexion. He bore
himself throughout like a man and like
a gentleman, with a -dignity and coru-
'poeure which were never so marked in
him before. He proved himself in every
respect worthy of the name of Main war
ing. The legal gentlemen treated him
with the highest respect, but it was evi
dent that his examination had aroused
much greater interest than Tom's had
done. The most critical feature of it was
the unexpected exhuming of the old
quarrel between John and Henry about
Sinfire. How this affair had come to the
knowledge of outside persons X cannot
pretend to say, but I remember that the
two went to thff stable after the recon
ciliation and may perhaps have talked
it all over there in the hearing of the
men, with the assistance of Henry’s
brandy flask.
At all events it was evident from the
questions that the} - had the whole story
or a good part of it, and John, who is the
most wretched failure iu the world at
lying, answered directly and unhesitat
ingly so far as the queries had reference
to the quarrel itself. But when they be
gan to probe for the cause of the trouble
he took another attitude at once.
“I got angry about something. I get
angry easily,” ho said. “It can’t make
any difference what I got angry about.”
“In ordinary cases, certainly not, but
at present we wish to judge whether the
occasion was such as might rankle in
your mind after the immediate reconcili
ation had taken place.”
“I don’t bear a grudge," John replied.
“I break out and am done with it for
good and all. When I forgave my broth
er, I forgave him.”
“Precisely. But the cause might be re
newed. If, for example, two men are
paying attentions to the same lady, a
dispute might arise and be settled, but
further inquiry might develop hitherto
unsuspected facts, or fresh objectionable
acts might occur.”
“There’s no need to bring any lady's
name into the matter,” said John curtly.
“All irrelevant disclosures will be
avoided. But it is not irrelevant to in
quire whether you were particularly in
terested in any young lady at or about
the time of this altercation.”
“I never said anything to her about
it,” returned John, his face flushing,
“and I don't see why I should say any
thing to you.”
“Nevertheless you were conscious of
feelings toward her which would render
liberties taken by a third party objec
tionable?”
“I have no right to say who shall or
shall not meddle with what does not be
long to me."
“We are not discussing abstract
rights, but facts, Mr. Main waring.”
“I have always understood that facts
were things that could be proved," said
John, who was becomiug restive.
“Your impression is perfectly correct,
sir, and we have evidence in support of
the intimations which have been ad
vanced. But let me point out that,
should that evidence be called, it would
involve a mention of names and details
which you have expressed a desire to
avoid. If, on the other hand, you admit
the points I have raised, no further def
inition would be required.”
This argument told upon John visibly.
I don’t know for my part what witness
they could have called unless it had been
myself, and they might have found it
difficult to get satisfaction from that
quarter. But John would run no risks
of drawing Sinfire into the scrape. So,
as the least of two evils, he replied after
a pause that he was willing to admit the
existence of such a situation as bad been
; outlined in the precedingdialogue. “And
| I want to say this," he added—"my rea
son for keeping back information is not
to save myself from whatever may come
of it. If yon can show any motive
strong enough to make me guilty of such
a crime as this, you are welcome to do
it. It is otly because the motive you
were trying to get at would make an in
nocent person suffer pain that I wished
to say nothing about it." To this the
lawyer bowed a polite assent.
It occurred to me, however, that there
might be some object behind the ostensi
ble one in these questions, and this sus
picion was strengthened by the fact that
John’s examination was continued but a
short time longer and concluded with
the decision that there was not sufficient
evidence to warrant his being held. But
just before be left the box the counsel,
as if from an afterthought, requested
permission to refer to another matter.
“After-leaving Or. Frank Mainwaring's
rooms,” he went on, “what did you do?'
“I rode back to the lake,” replied John,
“to bring back the party there.”
“Exactly. And of what persons did
the party at the lake consist?"
“There were three servants,” said he,
naming them, “and my mother, Mrs.
MaitHruring, and”— He hesitated.
“No one else?”
-•T believe I noticed no others at the
lake.”
“Was - there not a young lady, a rela
tive of yours?’
“She had been there, but I didn't ee«
her at that time,” said John hastily.
“But she joined r s on our way back. I
suppose she must have ridden on in
front and missed her way, or something
of that sort. I was occupied with my
mother and didn't notice.”
“Thank you. I believe I need not de
tain you any longer, Mr. Mainwaring,”
said the other, with a bow. And John
stepped down, smiling st me and not
knowing what J>e had done-
CHAPTER XVL
Some cynic once declared that the
heaviest calamity that can befall a man
is to see all his hopes fulfilled. It must
be an old saying, for the legend of Ti-
thonns illustrates it, and many an un
happy victim of snocess has proved its
truth since then. It seems that I, too,
am to realize its bitterness.
When John’s testimony was concluded
yesterday afternoon, an adjournment
was taken until the next morning, but
n
when we had nearly finished supper a
visitor was announced, and I went out
to see him. It was the sheriff, Mr. Fax
on, looking very gloomy and embar
rassed.
“Anything new, Mr. Faxonr said L
‘Tve come on a disagreeable errand,
doctor,” he replied, “and that’s a fact.
Is that young lady Inside-Miss For-
restal'r”
“She is at table,” said I, affecting an
indifference I was very far from feeling.
“What about her?’
“I must see her. doctor," said the sher
iff, with a sort of groan. ‘Tve a mes
sage for her.”
“A message for her? What is it? Can't
I deliver it?’
“No, sir, you can't. And if giving up
my place would save her from it I’d
have resigned an hour ago. But there's
no help for it. She'll be acquitted to
morrow, of course, but I have a warrant
for her arrest tonight.”
“Arrest Miss Forrestal? Oh, that’s ab
surd. Faxon!” exclaimed I, forcing a
laugh. “You might as well make a
clean sweep and arrest Mrs. Mainwcr-
ing and me I"
“I have my orders, doctor,” be re
turned gloomily, "uud 1 must carry 'em
out."
As he spoke a figure advanced from
the darkness at the lower end of the hall
and came forward into the light. It waa
Sinfire, with a proud smile or. her lips.
“Good evening, Mr. Faxon,” ahe said.
“I have heard. I am ready to go with
you."
“Good evening, Mr. Faxon," the laid.
Faxon ducked his head, put his hand
in his breast pocket, muttered something
unintelligible and then glanced appeal
ingly at me as if he expected me to
make myself of some assistance. "Thers’s
no help for it,” I said to Sinfire as cheer
fully as possible. “I anticipated that
you would be examined, but I didn’t
think they’d go quite so far as this. Of
course it’s only a matter of form. Well
drive over to Judge Daly's and bail yon
out—it won’t take an hour—and be back
before 8 o’clock.”
“People accused of murder cannot get
out on bail, I believe,” said she quietly.
“At any rate I will not allow bail to be
asked for. Mr. Faxon will take me where
I am to go.”
“Thank you, Miss Forrestal,” said the
sheriff gratefully. “I was thinking may
be my wife could fix you up pretty coxy
at my house for tonight. That'll be se
cure enough, I guess,” he added, with a
dismal grin. “But I ain’t going to hurry
you. Finish your supper. Miss Forres
tal, and when you’re ready to start I'm
here.”
“I have had all I want,” she answered.
“I will get my hat and cloak and come
at once."
At this juncture John appeared and
said: “Halloo! Wliat's the matter?'
“I am going with Mr. Faxon,” said
Sinfire. “They want to examine me
about the murder.”
"It’s my orders, Mr. Mainwaring." re
marked Faxon dejectedly. “And right
sorry I am for it.”
“What!” shouted John in a terrible
voice and seeming to grow a foot taller
as he stepped forward threateningly.
He stared fiercely at the poor sheriff.
Then his eyes passed over me and rested
upon Sinfire. After a moment he added
doggedly, “This lady shall not leave my
house against her will while I’m the mas
ter of itl”
“It is not against my will, John,” she
said, stepping up to him and laying her
hand on his arm. "If I cannot defend
myself against this charge, no one else
can defend me. I am not afraid. Why
should I be?” And indeed she showed
no signs of fear. There was color in
her cheeks, her eyes were bright, and her
voice was full and cheerful. She even
seemed to have been stimulated and in
spirited by the sinister event, for her close
attendance on mother and the reaction
from the excitement of our calamity had
made her unusually silent and depressed.
But the sudden blow of the arrest had
restored her to herself as great natures
are restored by what would crush lesser
ones. She was ready for battle.
John and I accompanied her to Fax
on's house and saw that she was estab
lished as comfortably as circumstances
allowed. Then we returned home, and
both of us were silent, only as we sepa
rated for the night John said: “If any
thing happens tomorrow, Frank, you’ll
find a bundle of papers in my desk. Thj
estate is entailed, of conrse, but I have
my personal property and can do what 1
like with it.” I hardly grasjied the
meaning of this announcement and do
not understand it even now, for he could
not possibly have foreseen what was to
happen. That uight I took Sinfire’s
place beside mother, who was happily
unconscious of what was going forward
and appeared to be on the verge of a still
further relapse Into vacuity. She re
quired very little attention, and l was
able to give all my thought* to a consid
eration of what wal tocomeon the mor
row and to the course which I might
pursue in case things took » bod turn.
Toward morning I had made np my
mind, and then I got some three hoars'
sleep. I believe John paced his room all
night.
I shall not attempt any orderly record
of what happened the next day. A
crowd of persons filled the room in
which the examination was being held,
between the judge and the lawyer*. Slu-
fire continued her itory;
“I rode toward Cedarcltffe thr jugh tho
woods, and I rode fast. I hod been to
the lake on horr ebook before, and I am
fond of the woods snd never miss my
way. I remembered a deserted shed or
barn a mile or two from Cedercliffe and
aside from the path on which I was rid
ing, and I decided to lead my horse there
and go the rest of the way on foot 1
found the barn without any difficulty
and unsaddled my gray and made him
comfortable. Then I walked toward the
Cednrcliffe woods.”
te « eggprog.]
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